BRAZIL 61

Superior Tribunal de Justiça, Special Court, 3 August 2022, HDE No. 4189 - EX

(Guangxi Liugong Machinery Co. Ltda. v. BHMaquinas Importação e Exportação S.A.) 

03 - 08 - 2022

BRAZIL 61

Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XLIX (2024)
Jurisdiction Brazil
Original full text Full text decision BRAZIL 61
Excerpt Excerpt decision BRAZIL 61
Summary

The Superior Court of Justice recognized an award rendered in China, holding that most of the objections raised by the defendant concerned the merits of the case and exceeded the narrow confines of the court’s review in recognition proceedings, and that the substantive objections were unfounded. The Court applied the provisions of Brazilian law that mirror the provisions of the New York Convention.
Related topics
301

The court discusses the principle that the procedure for the enforcement of awards under the Convention is governed by the lex fori, as well as procedural issues (such as the competent enforcement court) not falling under the specific cases of ¶¶ 302-307.

Procedure for enforcement in general
502

The court discusses the principle that the merits of the award may not be reviewed and that the court may only carry out a limited review of the award to ascertain grounds for refusal.

No re-examination of the merits of the arbitral award
512 Ground c: Excess by arbitrator of his authority - Excess of authority
514 Ground e: Award not binding, suspended or set aside - "Binding"
BRAZIL 61